Virginia Possession of Marijuana Explained by Sudeep Bose, Former Police Officer

Possession of marijuana is referenced in Virginia Code 18.2-250.1.  Marijuana has a chemical in it called delta-9-tetrahydrocannabinol, THC.  Common names for marijuana include  “pot,” “grass,” “herb,” “weed,” “Mary Jane,” “reefer,” “skunk,” “boom,” “gangster,” “kif,” “chronic,” and “ganja.”  Without regard to the plethora of street names for this drug, the government must prove beyond a reasonable doubt that the green leafy substance the police officer suspected (based on his training, experience and education) to be marijuana was actually Schedule I marijuana.  This must be based on a certified drug lab analysis of the suspected evidence procured with strict adherence to Evidence law and in strict adherence to chain of custody law. 

Marijuana is the most commonly seized drug in the police business.  While a police officer, Attorney Bose seized more marijuana from suspicious individuals than any other illegal controlled dangerous substance.  Possession of Marijuana is a misdemeanor but the effects of a conviction has drastic ramifications for careers and security clearances.

In Virginia, a first offense for possession of marijuana is an unclassified misdemeanor with a maximum 30 day jail sentence.  A second conviction for marijuana is a Class 1 misdemeanor.   Marijuana is no different from any other illegal controlled dangerous substance - the prosecutor must establish that the accused was in possession of the drug and that the drug was found and seized within proper boundaries of the law.

Virginia Code 18.2-251 provides for the dismissal of a first offense for possession of marijuana if the defendant complies with certain conditions.  These conditions usually include supervised probation, completion of a drug education program, abstinence from drugs, maintenance of employment and community service.   The law requires that the defendant lose his driving privileges in Virginia for six months.

Do Not Plead Guilty under 18.2-251 without a Complete and Thorough Analysis of the Case:

Bose Law Firm® clients are normally professionals including police | military personnel. The treatment of simple marijuana possession under Virginia Code 18.2-251 is a last resort to the Bose Defense Team.  All convictions for drugs carry social, political and collateral costs.  Security clearance examiners and background investigators will always probe arrests for drugs including marijuana and will always scrutinize alternative dispositions such as probation before judgment and "251 dispositions". 

It is Attorney Bose's opinion that far too many individuals plead to a "251 disposition" without a thorough review and aggressive fight over the technical aspects of the case.  "251 dispositions" are a last resort to the Bose Law Firm Team - all defense strategies must begin with an inspection of the search and a careful review of the seizure and testing protocols.  Attorney Bose knows all too well the common mistakes which occur in the handling of marijuana cases on the streets and labs.

Call the Bose Law Firm (703) 926-3900 24/7 Helpline with your questions about Virginia Drug Crimes including Possession of Marijuana.